How a 1031 exchange works
IRC 1031(a) says no gain or loss is recognized when real property held for productive use in a trade or business or for investment is exchanged solely for like-kind real property to be held the same way. Like-kind is broad: land for an apartment building, a warehouse for a Delaware statutory trust interest, a rental house for a ground lease of 30 years or more. Property held primarily for sale (a flipper's or developer's inventory) does not qualify.
Most exchanges are delayed exchanges:
- You hire a qualified intermediary (QI) before closing and assign the sale contract to it.
- The buyer's money goes to the QI, never to you. Touching it ends the exchange.
- By midnight of day 45 you identify replacement property in writing (Treas. Reg. 1.1031(k)-1(c)).
- By day 180, or the due date of your return including extensions if that is earlier, you close on the replacement.
- Your old basis carries over to the new property (IRC 1031(d)), and you report the exchange on Form 8824.
The 2026 rules checklist
- No change from the One Big Beautiful Bill Act. Section 1031 was left as it was after the 2017 law limited it to real property.
- Calendar days. 45 and 180 days run from the day you transfer the old property, and weekends and holidays do not extend them. Only a federally declared disaster can postpone them (Rev. Proc. 2018-58).
- Return due date trap. For a 2026 sale, day 180 passes April 15, 2027 for any closing after October 17, 2026. File an extension or the exchange period ends on April 15.
- Identification limits. Up to three properties of any value; or any number if their total value is no more than 200% of what you sold; or more than that only if you actually acquire 95% of the value identified. Over-identify and you are treated as having identified nothing.
- Equal or up. To defer everything, buy at least as much value as you sold, reinvest all net equity, and replace paid-off debt with new debt or added cash. Anything else is boot.
- Related parties. If you exchange with a related person and either of you disposes of the property within two years, the deferral is undone (IRC 1031(f)).
- The QI must be independent. Your agent within the prior two years (your attorney, accountant, real estate broker or employee) cannot serve, with limited exceptions.
- Special exchanges. Reverse exchanges (buy first) under Rev. Proc. 2000-37, as modified by Rev. Proc. 2004-51; improvement exchanges; vacation homes under the Rev. Proc. 2008-16 safe harbor; homes that were both residence and rental under Rev. Proc. 2005-14; Delaware statutory trust interests under Rev. Rul. 2004-86.
Who it fits, and who it does not
Fits: investors who want to stay invested in real estate; owners trading a management-heavy building for a net-leased one or a Delaware statutory trust interest; owners who plan to hold until death, when heirs generally take a stepped-up basis and the deferred gain is never taxed (IRC 1014); estates under the $15,000,000 per person exclusion for 2026 face no estate tax on top.
Does not fit: sellers who want out of real estate or need the cash; sellers in a hot market who would overpay to meet a deadline; dealers and developers; owners of a business whose value is mostly goodwill and equipment (not real property); sellers of a primary residence (use the IRC 121 exclusion instead).
Worked example: what an exchange defers
Assumptions (illustration only): married couple filing jointly, Texas residents, $100,000 of other ordinary income. They sell a rental for $2,000,000 with a $700,000 adjusted basis, after $500,000 of straight-line depreciation and no cost segregation. Gain $1,300,000: $500,000 unrecaptured Section 1250 gain and $800,000 long-term capital gain. 2026 federal law; Big Sale Tax engine.
| Path | Federal tax in 2026 |
|---|---|
| Cash sale | $336,553 (income tax including $27,890 of alternative minimum tax, plus $43,700 net investment income tax) |
| Full 1031 exchange: buy $2,000,000 or more, reinvest all equity, replace the debt | $0 now; $1,300,000 of gain carried into the new property's basis |
The deferred tax stays invested and earning for as long as you hold, and disappears if the property is held until death and receives a step-up. To compare an exchange with an installment sale on your own numbers, use the estimator or the 1031 vs installment sale comparison.
IRS stance and audit risk
Section 1031 is long-settled law and the IRS explains it plainly on its like-kind exchange page. Audits focus on facts, not the concept:
- Held for investment. Property bought to flip, or relinquished property recently converted from a residence, invites a challenge. There is no statutory holding period; intent and facts decide.
- Receipt of funds. Any right to the money held by the QI breaks the exchange; the QI agreement must restrict it.
- Deadlines and identification are strictly enforced.
- Boot reporting. Debt relief, cash at closing and non-transactional costs paid from exchange funds are taxable boot.
- Cost segregation. Section 1245 recapture on cost-segregated components is avoided only if you acquire enough replacement Section 1245 property (IRC 1245(b)(4)).
- States. California tracks gain deferred into out-of-state replacement property and requires an annual information return (FTB 3840), then taxes the California gain when you sell.
Costs and fees
- Qualified intermediary fee, plus any fees for reverse or improvement exchanges, which cost more.
- Closing costs on two transactions, including new loan costs on the replacement.
- Delaware statutory trust interests carry sponsor loads and ongoing fees inside the offering.
- The hidden cost: paying too much, or buying the wrong property, to beat a deadline.
- Carryover basis means lower depreciation on the replacement than a fresh purchase would give.
How it compares with a Section 453 installment sale
| 1031 exchange | Section 453 installment sale | |
|---|---|---|
| Tax deferred | All of it, if fully reinvested | Gain on the unpaid balance |
| What you own after | More real estate | A note and interest income |
| Deadlines | 45 and 180 days | None |
| Recapture in year one | Generally deferred | Ordinary recapture taxed in year one |
| At death | Basis step-up for heirs | No step-up on the note |
| Main risk | Finding and closing on property; real estate risk | Buyer credit |
The two can work together. If part of the proceeds will not be reinvested, the buyer can pay that part with a note and the boot is taxed under the installment method. That has to be set up before closing; if the exchange later fails, see the failed 1031 analysis.
What to know
A 1031 keeps your money in real estate. You need to find, finance and close on replacement property under deadlines that do not bend, and the carried-over basis means less depreciation going forward. Any cash you keep or debt you do not replace is taxed as boot. The deferral lasts until you sell in a taxable sale, so plan the exit as well as the exchange: hold until death for a step-up, keep exchanging, or spread the eventual gain with an installment sale. States such as California follow the gain into other states.
Frequently asked questions
What are the 1031 exchange rules for 2026?
Is a 1031 exchange tax-deferred or permanent?
Do weekends extend the 45 or 180 day deadline?
How long do I have to hold property in a 1031 exchange?
Can I do a 1031 exchange into a Delaware statutory trust?
Can I exchange U.S. property for property abroad?
What happens if I miss the 45 day deadline?
Sources
- IRC 1031 (Cornell LII)
- Treas. Reg. 1.1031(k)-1, deferred exchanges (eCFR)
- Treas. Reg. 1.1031(a)-3, definition of real property (eCFR)
- Instructions for Form 8824 (IRS)
- IRS like-kind exchanges real estate tax tips
- Rev. Rul. 2004-86 (IRS)
- Rev. Proc. 2000-37, reverse exchanges (IRS)
- Rev. Proc. 2008-16, vacation homes (IRS)
- Rev. Proc. 2005-14, Section 121 with 1031 (IRS)
- Rev. Proc. 2018-58, disaster postponements (IRS)
- IRC 1245(b)(4) (Cornell LII)
- FTB 3840, California like-kind exchanges
Last reviewed October 3, 2026. Education only, not legal or tax advice.
Keep comparing
1031 boot
Cash out, debt not replaced, or a note from the buyer: how boot is taxed in a 1031, how mortgage netting works, and how to spread boot over time.
ReadFailed 1031 exchange
Missed day 45 or day 180? The sale becomes taxable, but a little-known regulation can move the gain into the year the intermediary releases the money.
ReadReverse 1031 exchange
Buy the replacement property first and sell the old one later, using a parking arrangement under Rev. Proc. 2000-37.
ReadDelaware statutory trust
A passive, fractional 1031 replacement property: how Rev. Rul. 2004-86 makes it work, what the sponsor controls, and what it costs.
ReadInstallment sale (Section 453)
Report the gain as the buyer pays you instead of all in the year of sale, under rules that have been in the tax code for decades.
Read1031 Exchange vs Installment Sale
A 1031 exchange defers all of the gain, but only if you buy like-kind real estate with all of the proceeds within 180 days and stay invested
ReadKnow your number before you sign.
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